SREE BALAJI MEDICAL COLLEGE AND HOSPITAL AND ANOTHER versus UNION OF INDIA AND ANOTHER

SREE BALAJI MEDICAL COLLEGE AND HOSPITAL AND ANOTHER versus UNION OF INDIA AND ANOTHER

Denial of increase in admission capacity on the ground that the existing capacity was not recognized is without any legal basis, as the Act requires only permission from the Central Government; the writ petition is maintainable in the Supreme Court.

Parties
Petitioner: Sree Balaji Medical College and Hospital; Respondent: Union of India; Respondent: Medical Council of India
Jurisdiction
India
Judgment Date
06 August 2015
Procedural Posture
Writ Petition (civil) No. 306 of 2015 / Final Judgment
Outcome
Writ petition allowed
Legal Topics
Recognition of Medical Qualifications, Admission Capacity in Medical Colleges, Jurisdiction Under Article 32, Permission and Recognition Under Medical Council Act
Education Law Constitutional Law Administrative Law Recognition of Medical Qualifications Admission Capacity in Medical Colleges Jurisdiction Under Article 32 Permission and Recognition Under Medical Council Act

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Parties

Sree Balaji Medical College and Hospital

Petitioner

Union of India

Respondent

Medical Council of India

Respondent

Procedural Posture

Writ Petition (civil) No. 306 of 2015 / Final Judgment

Legal Issues

  1. 1 Whether recognition is required for increased admission capacity in a recognized medical college for a recognized course under the Medical Council Act, 1956
  2. 2 Whether denial of increase in admission capacity without such recognition is legally sustainable
  3. 3 Maintainability of writ petition under Article 32 in Supreme Court to challenge denial of increased capacity

Ratio Decidendi

Denial of increase in admission capacity on the ground that the existing capacity was not recognized is without any legal basis, as the Act requires only permission from the Central Government; the writ petition is maintainable in the Supreme Court.

Court Disposition

Writ petition allowed

Orders

  • Impugned orders are quashed.
  • Respondents are directed to process and consider afresh the application for increase of seats from 150 to 250 for the MBBS course for the Academic Session 2015-2016 and pass orders thereon positively within two weeks from today.